SECURITY INVESTMENT CO. v. MEISTER, 214 Mich., 337.

(a) Brief Statement of Fact.

(b) Bill of Complaint.

(c) Exhibit "2," The Contract Relied Upon.

(d) Answer and Cross-Bill.

(e) Decree.

(f) Authorities Cited by Plaintiff. Brief for Plaintiff.

(g) Authorities Cited by Defendant. Brief for Defendant.

The Pleadings And Briefs Used In Late Michigan Cases In Actions To Quiet Title Security Investment Co V. Meister, 214 Mich., 337

(a) Brief Statement of Fact.-This was a suit brought to quiet title to certain land, which had been purchased on land contract by the defendant Meister, and quit-claimed to defendant Lefton, after the plaintiff had obtained possession of the land by summary proceedings, the defendant Meister having defaulted in his payments and plaintiff had declared the contract forfeited. It is the contention of Meister that he should be re-instated on the land contract or an accounting and refund made to him. The decree granted a reinstatement and specific performance to defendant Meister, and on appeal was reversed, the court holding defendants to have no interest or equity in the land.

(b) Bill of Complaint.

STATE OF MICHIGAN

In the Circuit Court for the County of Wayne. In Chancery.

The Security Investment Company, a Michigan Corporation, by Daniel R. Foley, its attorney, respectfully represents:

1. That it has an equitable title in and to certain premises situated in the Village of Ecorse, Wayne County, Michigan, known and described as Lots 15-16-17 and 18 of the Moore & Veale's subdivision of the south part of the Lot 2 of the Jonas Goodell Estate, subdivision of private claim 226 according to a plat thereof recorded in Liber 32 page 73 of plats, Wayne County, Michigan Records; and further that neither of the above mentioned defendants is in possession of said premises, nor any part thereof.

2. That the legal title to said premises was formerly in Cleophus T. Goodell and Philomene Goodell, his wife, but that on December 24th, 1915, the said Cleophus T. Goodell died and the legal title to the said premises is now held by the said Philomene Goodell and the heirs-at-law of the said Cleophus T. Goodell.

3. That on the sixth day of May, 1915, the said Cleophus T. Goodell gave a land contract for the said premises together with other land to the Moore & Veale Real Estate Corporation, a Michigan corporation, which said land contract is still in full force and effect and is in no way questioned by the parties thereto nor by their heirs, representatives, or assigns. A copy of which said contract is hereto appended and made a part hereof, marked Exhibit "A," to which reference is prayed.

4. That by an assignment dated the fourth day of December, 1916, the said Moore & Veale Real Estate Corporation duly transferred all its right, title and interest in and to said premises together with other lands by virtue of said land contract above mentioned as Exhibit "A," unto the Security Investment Company, plaintiff herein. That said assignment is still valid and subsisting and in no way questioned by the parties to the said above mentioned land contract nor to the parties to said assignment. That a copy of said assignment is hereto appended and made a part hereof marked Exhibit "E," reference to which is hereby prayed.

5. That previous to said assignment the said Moore & Veale Real Estate Corporation had by four separate land contracts (there being one for each of 11 said lots), agreed to sell and convey the same unto one Thomas B. Townsend. That subsequent to this, to-wit, the 29th day of January, 1916, the interest of said Townsend in and to said premises was assigned to Saul H. Meister, one of the contracts and agreed to carry out the agreements and covenants therein contained. Copies of which said contracts are hereto annexed marked Exhibits "C," "D," "E" and "F," and made a part hereof, reference to which is hereby prayed.

6. That contemporaneous with the assignment of the above mentioned land contract from the Moore & Veale Real Estate Corporation to the plaintiff (above referred to as Exhibit "B") the said Moore & Veale Real Estate Corporation sold, assigned and transferred all of the right, title and interest in and to the said land contracts with the said Town-send, afterwards the said Meister, to this plaintiff. Which said assignment was dated December 4th, 1916, and copies of which said assignment will be found on the backs of Exhibits "C," "D," "E" and "F" hereto appended and made a part hereof, reference to which is hereby prayed.

7. That said Saul H. Meister entered into the performance of said land contracts to him transfrred by the said Townsend and made payment thereon both to said Moore & Veale Real Estate Corporation and to the plaintiff; but that from and after December 17th, 1917, he made no further payments thereon nor has he since nor any other person in his behalf nor in behalf of anyone else. Further that he failed entirely to pay the Ecorse Village taxes and the state and county taxes for 1917 as by his said contract he had agreed to do.

8. That though often requested thereafter to make up his arrears and to keep up his payments and covenants in said contracts after said December 17th, 1917, he utterly neglected and failed to carry out said covenants so that on July 2nd, 1918, this plaintiff had served upon him a formal notice of forfeiture of said contracts and demand for possession of said premises. That said notice and demand was duly followed by summary proceedings begun by this plaintiff against him before the Honorable Henry G. Nicol, one of the Circuit Court Commissioners of and for Wayne County, Michigan. That said proceedings culminated in a judgment duly rendered by said commissioner that the plaintiff have judgment of restitution of said premises on July 15th, 1918. All of which a reference to the files and records of said Commissioner's Court, causes No. 482, 145 to 482, 148 inclusive, which is hereby prayed, will more fully appear. That subsequently on August 29th, 1918, Writs of Resti tution were duly issued out of said court and were on said date returned duly served. Which said writs were since and to-wit, July 24th, 1919, recorded with the Register of Deeds of Wayne County, Michigan, in Liber 1281, pages 270 to 273 inclusive of such writs, reference to which is hereby prayed.